Commission Board Meeting on Wed, February 15, 2012 - 6:35 PM


Meeting Information

6:35 p.m.

CONSENT AGENDA
(1) (a)  Consider approval of Commission Orders;
 (b) Approval of applications for authorized emergency vehicle permits for John E. Steele, Jr.; Duane B. Filkins, and Robert O. Rombach all for the Kanwaka Fire Department; and  H. Wayne Riley, William M. Shockley and Jonathan A. Morris for the Lecompton Fire/EMS. (Sheriff's Office);
 (c) Consider approval to Solicit bids for supply of asphaltic concrete (Keith Browning); and
 (d) Acknowledge fee reports for November and December 2011 (Clerk's Office)

REGULAR AGENDA   
(2) Consider proposal from Tenants to Homeowners for use of land located next United Way Center (Rebecca Buford, TTH Executive Director)

(3) -CUP-11-7-11: Consider a revised Conditional Use Permit for Fred's Boat Storage, located at 568 North 1800 Road. The request amends CUP-8-7-06 to specifically include the covered storage of recreational vehicles, trailers and campers, as well as boats as currently permitted. Submitted by George Roll, Property owner of record. (PC Agenda Item 1; approved 9-0 on 1/23/12) Mary Miller will present the item.

(4) -CUP-11-6-11: Consider a Conditional Use Permit for US 59 Hwy Borrow Pit located west of US 59 between N1100 and N1000 Roads.  The property address is 1297 N 1056 Road. The applicant proposes to sell soil for the nearby US 59 construction project. Submitted by Landplan Engineering, for Evelyn M. Johnston Trustee, property owner of record. (PC Item 9; approved 7-0 on 1/25/12) Mary Miller will present the item.

(5) Other Business
 (a) Consider approval of Accounts Payable (if necessary)
 (b) Appointments:  
 (c) Public Comment
 (d) Miscellaneous   

(6) Adjourn

  

Gaughan called the regular meeting to order at 6:35 p.m. on Wednesday, February 15, 2012 with all members present. 

CONSENT AGENDA 02-15-12
Flory moved approval of the following Consent Agenda:

► Commission Order No. 010 (on file in the office of the Clerk); and
►  Applications for authorized emergency vehicle permits for John E. Steele, Jr.; Duane B. Filkins, and Robert O. Rombach all for the Kanwaka Fire Department; and H. Wayne Riley, William M. Shockley and Jonathan A. Morris for the Lecompton Fire/EMS;
► Approval to solicit bids for supply of asphaltic concrete for the Public Works department; and 
► Acknowledgment of fee reports for November and December 2011.

Motion was seconded by Thellman and carried 3-0.

TENANTS TO HOMEOWNERS 02-15-12
The Board considered a proposal from Tenants to Homeowners (TTH) for use of land located next to the United Way Center. Rebecca Buford, executive director TTH, stated this is a follow-up discussion on the initial request made last summer to use the vacant lot behind the United Way building to develop a senior housing project. TTH met with the Older Women's League, Coalition on Aging and other professionals who work with senior issues and brought to the Board what she feels is a good plan. The TTH proposed 1-2 bedroom units with no land acquisition costs and a goal to offer rent below the fair market amount.

Mike Myers, Hearnly Architects, stated the two-acre site is planned for highly energy efficient houses with Energy Star appliances. There would be walkways, front porches, garages and a rain garden with walks and drives accessible to wheelchairs.  He is working on addressing the drainage and runoff issues. 

Flory stated the sole role of the Commission is to determine whether the Board wishes to donate the land. If approved, the plans will still have to go through all the proper planning steps.

The item was opened for public comment.

Hilda Enoch, Chair of the OWL Housing Committee, stated she approached Rebecca Buford with her dream of Lawrence offering affordable low income, accessible housing for seniors. That's where the idea of using the vacant lot came from.

Jean Affalter, Lawrence resident, stated the neighbors use this vacant lot as their backyard.  There were meetings regarding the proposal but the neighbors didn't understand it was addressing this particular lot. She is concerned about the sewer and flooding issues this development may create.

Debra McMullan, TTH Board of Directors, stated this proposal would serve our most needy citizens, allowing them to live in a positive housing situation that's energy efficient and affordable and will be an improvement to the neighborhood.
 
Gayle Sigerson, neighbor to senior housing, stated TTH makes great neighbors. She emphasized the location has existing infrastructure and area transportation. Typically seniors end up moving 3-4 times, but with these homes seniors can move to the homes in their mid 50s and stay until they're 90.

Flory asked if there is an age restriction proposed. Buford replied residents must be over 55 to qualify. Grandchildren may visit, but no are not allowed to live in the units. She also commented that even though the units will be rentals, there will be long-term leases. You won't get the normal noisy and frequently moving renters.  

Don Holly, Cedarwood resident, stated concerns about the water runoff, drainage and sewer system.  He would also like to see a covenant to make sure there will not be children living in the units.

Dave Affalter, neighbor to site, spoke against the development because of the flooding issues. He also said the lot has been used as a park and has sentimental value.  

Myers added if there are specific questions regarding process and development, there is a civil engineer in attendance. 
 
Flory stated it not the Boards prerogative to get into that discussion. An adequate review will be the next stage. If approved, the site will stay vacant and green until the project has passed all of the scrutiny the City of Lawrence has. He understands the neighbor concerns. Neighbors will receive notice of the city meetings. The issues of water and sewer will be dealt with by the City of Lawrence.    

Thellman asked if the donation could be contingent upon the next steps successfully working through the drainage concerns. If the City engineers can't find a way to make it work, then the land would come back to the County. 

Gaughan agreed but added his contingency would be up to the point of development. Until development, the County should be able to withdraw the donation.
  
Matt Gough, board member to TTH, stated he worked on the Rhode Island Street project with the County. There is a process of a state statute that requires you to adopt a specific type of ordinance as a condition precedent
to donating land and would be similar to the process that occurred with the Rhode Island properties. The County may include conditions that could be effectuated in the ordinance. What TTH is looking for is a vote with those conditions that says if they meet the conditions the Board would be prepared to donate the land. TTH would then file for a zoning request, a replat and a site plan that would address all the issues raised by the neighbors regarding drainage, sewer, site grading and the City's process. The County would need to sign a resolution authorizing the TTH to submit to the City of Lawrence.  

Gaughan closed the public hearing.   

Gaughan stated this piece of land continues to be looked at by members of the community. This use d s seem to fit initial intent of land. He added it also allows our seniors to live out their years in dignity in a community that fits their needs, something Lawrence d sn't have at this point. He is supportive of this direction and supportive of Matt Gough and the County Counselor working through issues on how the transfer might occur.

Flory moved to direct the County Counselor to prepare a resolution consistent with the comments of made by the Commission tonight with respect to contingencies to move forward to donating property to TTH. Motion was seconded by Thellman and carried 3-0.

PLANNING 02-15-12
The Board considered approval of a revised Conditional Use Permit, CUP-11-7-11, for Fred's Boat Storage, located at 568 North 1800 Road. The request amends CUP-8-7-06 to specifically include the covered storage of recreational vehicles, trailers and campers, as well as, boats as currently permitted. The application was submitted by George Roll, property owner of record. The item was approved by the Planning Commission with a 9-0 vote on January 23, 2012. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

Gaughan opened the item for public comment. No public comment was received.

Flory moved to approve CUP-11-7-11, Fred's Boat Storage, as set forth with the conditions as recommendation from the planning commission and listed below:

1) The provision of a revised site plan with the following changes:
a.  Note 'a' revised to read: "All boat, RV, trailer and camper storage must be stored entirely inside the buildings."
b.  Note 'c' revised to read: "Conditional use Permit (CUP-11-7-11) replaces the previous permit (CUP-08-07-06) and will be administratively reviewed by the Zoning and Codes Office in 5 years and will expire in 10 years from the approval date noted on the plan."
c.  Note 'd' revised to read: "Screening from the adjacent public road shall be provided by four evergreen trees on approximately 30 ft centers south of the storage facility."
d.  The approximate location of the 4 trees shall be shown on the plan.

Motion was seconded by Thellman and carried 3-0.

PLANNING 02-15-12
The Board considered approval of a Conditional Use Permit, CUP-11-6-11, for US 59 Hwy Borrow Pit located west of US 59 between N1100 and N1000 Roads. The property address is 1297 N 1056 Road. The applicant proposes to sell soil for the nearby US 59 construction project. The application was submitted by Landplan Engineering, for Evelyn M. Johnston Trustee, property owner of record. The item was approved by the Planning Commission on a 7-0 vote on January 25, 2012. Mary Miller, Lawrence-Douglas County Metropolitan Planning Staff, presented the item.

Gaughan opened the item for public comment. No public comment was received.

Flory moved to approve CUP-11-6-11, for a borrow pit at 1297 N 1067 Road, with the condition listed below as recommended by the Planning Commission. It was noted this is a limited term permit approved only for a period of time unless an extension is requested by the applicant.

Submittal of a revised site plan to show the following revisions and/or additions to the site plan notes as follows:
- The Conditional Use Permit is approved for construction of Highway 59 between N 1000 Road and N 1100 Road and shall expire January 1, 2014 unless a request for an extension is submitted for approval by the Board of County Commission prior to that date.

Motion was seconded by Thellman and carried 3-0.

ACCOUNTS PAYABLE 02-15-12
Flory moved to approve accounts payable in the amount of $1,279,909.29 to be paid on 02/16/12; a manual check in the amount of $1089.45 paid on 02/13/12; a wire transfer in the amount of $400,000.00 paid on 02/13/12;  payroll in the amounts of $772,693.89 paid on 02/10/11, $792,583.78 paid on 01/21/12, $396,996.12 paid on 01/11/12; $396,994.50 paid on 01/11/12 and $789,678.75 paid on 12/30/11 FICA in the amounts of $56,657.55 paid on 02/10/12, $58,216.32 paid on 01/27/12, $29,160.35 paid on  01/13/12 (2011 Budget) and $29,160.35 paid on 01/13/12 (2012 budget) and $58,391.58 paid on 12/30/11; and KPERS in the amounts of $85,885.19 paid on 02/10/12, $89,201.82  paid on 01/27/12, $44,905.10 paid on 01/13/12 (2011 Budget), $44,905.08 paid on 01/13/12 (2012 Budget), and $79,464.06 paid on 12/30/11. Motion was seconded by Gaughan and carried 3-0.

MISCELLANEOUS 02-15-12
Flory stated he still has some concerns regarding the expenditures on the Heritage and Cultural projects. He asked that a public discussion be placed on the agenda for February 22, 2012 to discuss the expenditure of these funds in light of the budget situation we are facing and give the public a chance to voice their opinions. 

Thellman moved to adjourn the meeting; Gaughan seconded and the motion carried 3-0. 


____________________________  ____________________________
 Mike Gaughan, Chair                         Nancy Thellman, Vice-Chair

ATTEST:

 ___________________________   _____________________________  
Jamie Shew, County Clerk                    Jim Flory, Member

Location

County Courthouse
1100 Massachusetts St, Lawrence, KS 66044, USA